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Bombay High Court Says Repeated Suicide Threats Constitute Cruelty, Grants Divorce With Rs 25 Lakh and Two Flats

The bench overturned a 2019 family court denial after a decade-long separation, citing Supreme Court precedent.

Overview

  • A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad issued the order last week, with the copy made public on November 19.
  • The court held that repeated threats or attempts by a spouse to end their life make cohabitation impossible and meet the cruelty standard under the Hindu Marriage Act.
  • The petitioner married in 2006 and has lived separately from his wife since 2012, challenging a 2019 family court refusal to grant divorce.
  • The High Court said the family court failed to weigh several cited instances of cruelty and found the marriage had irretrievably broken down.
  • The decree requires a Rs 25 lakh payment and transfer of two flats to the wife as full and final settlement, with the court noting that absence of a police complaint does not necessarily undermine such claims.